reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-202. Employment of staff and maintenance of offices

27-12-202. Employment of staff and maintenance of offices.
(1) The director, subject to the approval of the chief justice, may employ and fix the compensation for clerical and other assistants that the director considers necessary.
(2) The panel shall maintain adequate offices, in which its records must be kept and official business transacted.
History: En. Sec. 8, Ch. 262, L. 1989; amd. Sec. 621, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-203. Compensation of panel members and staff

27-12-203. Compensation of panel members and staff.
(1) Each member of the panel must be paid a salary of $40 an hour, under guidelines promulgated by the Montana supreme court.
(2) Each member of the panel, the director, and the director's staff are entitled to travel expenses incurred while on the business of the panel, as provided in 2-18-501 through 2-18-503. The director shall approve the expenses before payment is made.
History: En. Sec. 9, Ch. 262, L. 1989; amd. Sec. 622, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-204. Authority to adopt rules

27-12-204. Authority to adopt rules.
The director, in consultation with the state bar of Montana and subject to approval of the supreme court, is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the panel. Rules may not be adopted that require a party to make a monetary payment as a condition of bringing a malpractice claim before the chiropractic review panel.
History: En. Sec. 10, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-205. Powers of panel

27-12-205. Powers of panel.
The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required by rules adopted by the director, the issuance of subpoenas, and the performance of all other acts required to fairly and effectively administer this chapter.
History: En. Sec. 11, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-206. Funding

27-12-206. Funding.
(1) There is a pretrial review fund to be administered by the director for the purposes stated in this chapter. The fund and any income from it must be held in trust, deposited in an account, and invested and reinvested by the director. The fund may not become part of or revert to the general fund of this state but is subject to auditing by the legislative auditor. Money from the assessments levied under this section must be deposited in the fund.
(2) For each fiscal year, beginning July 1, an annual assessment is levied on all chiropractic physicians. The amount of the assessment must be annually set by the director and equally assessed against all chiropractic physicians. A fund surplus at the end of a fiscal year that is not required for the administration of this chapter must be retained by the director and used to finance the administration of this chapter during the next fiscal year, in which event the director shall reduce the next annual assessment to an amount estimated to be necessary for the proper administration of this chapter during that fiscal year.
(3) The annual assessment must be paid on or before the date that the chiropractic physician's annual renewal fee under 37-1-134 is due. An unpaid assessment bears a late charge fee of $25. The late charge fee is part of the annual assessment. The director has the same powers and duties in connection with the collection of and failure to pay the annual assessment as the department of labor and industry has under 37-1-134 with regard to a chiropractic physician's annual license fee. However, nothing in this section may be interpreted to conflict with 37-1-138.
History: En. Sec. 12, Ch. 262, L. 1989; amd. Sec. 1, Ch. 47, L. 1993; amd. Sec. 47, Ch. 509, L. 1995; amd. Sec. 1, Ch. 5, L. 2001; amd. Sec. 61, Ch. 483, L. 2001; amd. Sec. 4, Ch. 271, L. 2003; amd. Sec. 4, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 2. Administration of Act › 27-12-207. Panel audits

27-12-207. Panel audits.
(1) The panel and fund may be audited by or at the direction of the legislative auditor and in accordance with 5-13-304 and 5-13-309. Any audit that is conducted by the legislative auditor or approved by the legislative auditor under 5-13-411 must include a determination of the adequacy, sufficiency, and reasonableness of the annual assessment.
(2) A copy of each audit report must be furnished to the supreme court.
(3) The cost of an audit must be paid by the panel.
History: En. Sec. 13, Ch. 262, L. 1989; amd. Sec. 1, Ch. 165, L. 2019.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-301. How cases submitted -- no court action before application

27-12-301. How cases submitted -- no court action before application.
A claimant shall submit a case for the consideration of the panel before filing a complaint in a court sitting in Montana by addressing an application in writing, signed by the claimant or the claimant's attorney, to the director of the panel.
History: En. Sec. 14, Ch. 262, L. 1989; amd. Sec. 623, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-302. Content of application -- waiver of confidentiality of medical records

27-12-302. Content of application -- waiver of confidentiality of medical records.
The application must contain a statement:
(1) in reasonable detail of the elements of the chiropractic physician's conduct that are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all witnesses, chiropractic and other physicians, and hospitals having contact with the claimant; and
(2) authorizing the panel to obtain access to all medical and hospital records and information pertaining to the claim and, for the purposes of the panel's consideration of the claim, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving any privilege for any other purpose or in any other context, in or out of court.
History: En. Sec. 15, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-303. Amendments to application

27-12-303. Amendments to application.
Amendments to an application may be made in the manner authorized by rule.
History: En. Sec. 16, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-304. Copies of application to professional societies when vicarious liability claimed

27-12-304. Copies of application to professional societies when vicarious liability claimed.
If an application employs a theory of respondeat superior or any other derivative theory of recovery, the director shall give a copy of the application to the state professional society, association, or licensing board of both the individual chiropractic physician whose alleged malpractice caused the application to be filed and the chiropractic physician named a defendant as employer, master, or principal.
History: En. Sec. 17, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-305. Service on chiropractic physician

27-12-305. Service on chiropractic physician.
Upon receipt of an application, the director or the director's delegate shall serve a copy of the application on the chiropractic physician whose alleged malpractice caused the application to be filed. Service must be by mailing a certified copy of the application to the chiropractic physician at the chiropractic physician's last-known address, postage prepaid, by certified mail, return receipt requested.
History: En. Sec. 18, Ch. 262, L. 1989; amd. Sec. 624, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-306. Chiropractic physician's appearance and answer -- waiver of confidentiality of records

27-12-306. Chiropractic physician's appearance and answer -- waiver of confidentiality of records.
(1) If a chiropractic physician whose alleged malpractice caused the application to be filed chooses to retain legal counsel, the chiropractic physician's attorney shall informally enter an appearance with the director.
(2) The chiropractic physician shall answer the application and submit a statement authorizing the panel to inspect all medical, chiropractic, and hospital records and information pertaining to the application and, for the purposes of panel inspection only, waiving any privilege as to the content of those records. Nothing in the statement waives any privilege for any other purpose.
History: En. Sec. 19, Ch. 262, L. 1989; amd. Sec. 2, Ch. 5, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-307. Assistance to claimant in obtaining expert consultation

27-12-307. Assistance to claimant in obtaining expert consultation.
The director shall cooperate fully with the claimant in retaining as an expert consultant a chiropractic physician qualified in the field of chiropractic.
History: En. Sec. 20, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 3. Preliminary Procedure › 27-12-308. Director to furnish panel members with documents

27-12-308. Director to furnish panel members with documents.
At least 10 days prior to the hearing, the director shall give each panel member copies of all claims, all briefs, all chiropractic, medical, or hospital records, and all other documents that the director considers necessary.
History: En. Sec. 21, Ch. 262, L. 1989; amd. Sec. 3, Ch. 5, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 4. Formation and Composition of Panel › 27-12-401. Composition of panel

27-12-401. Composition of panel.
Those eligible to sit on the panel are chiropractic physicians licensed under Montana law and residing in Montana and attorneys who are members of the state bar of Montana. Three panel members who are chiropractic physicians and three panel members who are attorneys shall sit in review of each case.
History: En. Sec. 22, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 4. Formation and Composition of Panel › 27-12-402. Selection of panelists

27-12-402. Selection of panelists.
The board of chiropractors and the director of the state bar of Montana shall each annually transmit a list of licensees to the director of the panel. Within 14 days from the date of transmittal of a list, the director shall select 12 proposed panelists from the list. The director shall select three from each list to serve on the panel. The director shall notify the parties of the names of the panelists.
History: En. Sec. 23, Ch. 262, L. 1989; amd. Sec. 2, Ch. 199, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 4. Formation and Composition of Panel › 27-12-403. Panel in cases involving multiple defendants

27-12-403. Panel in cases involving multiple defendants.
If there are multiple defendants, the case against each may be reviewed by a separate panel or, at the discretion of the panel initially appointed or by stipulation of the parties, a single combined panel may review all the claims against all defendants.
History: En. Sec. 24, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 4. Formation and Composition of Panel › 27-12-404. Disqualification of panel member

27-12-404. Disqualification of panel member.
(1) A panel member or proposed member must be disqualified from consideration of a case in which, by virtue of the member's circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a panel member or proposed member from serving.
(2) If a party files an affidavit stating that the party believes a panel member cannot impartially sit in review of the application, that panel member is disqualified from consideration of the case. The affidavit must be filed within 15 days of the transmittal by the director, under 27-12-402, of the names of the panel members selected. A party may not disqualify more than three panel members. The entity that chose the disqualified member shall select another panel member.
History: En. Sec. 25, Ch. 262, L. 1989; amd. Sec. 625, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 5. Hearing Procedure › 27-12-501. Time and place of hearing

27-12-501. Time and place of hearing.
(1) Subject to subsection (2), the director shall choose a date, time, and place for hearing and give prompt notice thereof to the parties involved, their attorneys, and the members of the panel. The hearing date may not be more than 120 days after transmittal of the application by the director, unless the panel finds that good cause exists for extending the 120-day period.
(2) Panel hearings may be held in any county the panel considers necessary or advisable. The county commissioners or other governing authority shall, upon request of the director of the panel, provide suitable facilities for the hearing.
History: En. Sec. 26, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 5. Hearing Procedure › 27-12-502. Conduct of hearing

27-12-502. Conduct of hearing.
(1) At the time set for hearing, the claimant must be present and give a brief statement of the claimant's case, including the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The chiropractic physician against whom the claim is brought and the chiropractic physician's attorney may be present and may make an introductory statement of the chiropractic physician's case.
(2) A party may call witnesses to testify before the panel. Witnesses must be sworn. Medical and chiropractic texts, journals, studies, and other documentary evidence relied upon by a party may be offered and admitted if relevant. Written statements of facts by treating chiropractic physicians may be reviewed.
(3) The hearing is informal, and an official transcript may not be made.
History: En. Sec. 27, Ch. 262, L. 1989; amd. Sec. 4, Ch. 5, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 5. Hearing Procedure › 27-12-503. Conclusion of hearing -- supplemental hearing

27-12-503. Conclusion of hearing -- supplemental hearing.
(1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing. The supplemental hearing must be held at a date and time no more than 30 days from the date of the original hearing, unless the claimant or the claimant's attorney consents in writing to a longer period.
(2) A supplemental hearing must be held in the same manner as the original hearing, and the parties and their attorneys may be present.
History: En. Sec. 28, Ch. 262, L. 1989; amd. Sec. 626, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-601. Selection of presiding officer

27-12-601. Selection of presiding officer.
At or prior to the time set for the hearing, the attorney members of the panel shall select a presiding officer, who must be an attorney.
History: En. Sec. 29, Ch. 262, L. 1989; amd. Sec. 627, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-602. Questions panel must decide

27-12-602. Questions panel must decide.
Upon consideration of all relevant evidence, the panel shall decide whether there is:
(1) substantial evidence that the acts complained of occurred and that they constitute malpractice; and
(2) a reasonable medical probability that the patient was injured thereby.
History: En. Sec. 30, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-603. Deliberations to be secret -- voting

27-12-603. Deliberations to be secret -- voting.
The deliberations of the panel are confidential. Each vote of the panel on a question for discussion must be by secret ballot. The decision must be by a majority vote of those voting members of the panel who sat during the case.
History: En. Sec. 31, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-604. Form and content of decision

27-12-604. Form and content of decision.
(1) The decision must:
(a) be in writing and signed by the presiding officer;
(b) contain only the conclusions reached by a majority of the panel; and
(c) list the number of dissenting members, if any.
(2) The majority may briefly explain the reasoning and the basis for its decision, and the dissenters may likewise explain the reasons for disagreement.
History: En. Sec. 32, Ch. 262, L. 1989; amd. Sec. 628, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-605. Decision to be filed and copies sent to parties, attorneys, and licensing board

27-12-605. Decision to be filed and copies sent to parties, attorneys, and licensing board.
A copy of the decision must be:
(1) given to the parties and their attorneys; and
(2) retained in the permanent files of the panel.
History: En. Sec. 33, Ch. 262, L. 1989; amd. Sec. 3, Ch. 199, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 6. Deliberations and Decision of Panel › 27-12-606. Decision not binding -- settlement agreements

27-12-606. Decision not binding -- settlement agreements.
The panel's decision is without administrative or judicial authority and is not binding upon a party. The panel may recommend an award or approve a settlement agreement. An approved settlement agreement is binding on the parties.
History: En. Sec. 34, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-12-701. Tolling of statute of limitations

27-12-701. Tolling of statute of limitations.
(1) Upon receipt of an application by the director, the running of an applicable limitation period in a malpractice claim is tolled as to each chiropractic physician named as a party and as to each other person or entity named as a necessary or proper party for a court action that might subsequently arise out of the factual circumstances set forth in the application.
(2) The running of the applicable limitation period in a malpractice claim does not begin again until:
(a) 30 days after an order of dismissal, with or without prejudice against refiling, is issued; or
(b) after the panel's final decision is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney.
History: En. Sec. 35, Ch. 262, L. 1989; amd. Sec. 629, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-12-702. Records of proceedings -- confidentiality

27-12-702. Records of proceedings -- confidentiality.
The director shall maintain records of all proceedings before the panel. The record must include the nature of the act or omission complained of, a brief summary of the evidence, the decision of the panel, and any majority or dissenting opinions filed. Records that identify a party to the proceedings may not be made public, are not subject to subpoena, and may be used only to compile statistical data and facilitate studies of medical malpractice in Montana.
History: En. Sec. 36, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 12. Montana Chiropractic Legal Panel Act › Part 7. Effect of Proceedings in Court Action -- Confidentiality › 27-12-703. Panel proceedings and decision privileged from disclosure in court actions

27-12-703. Panel proceedings and decision privileged from disclosure in court actions.
(1) A panel member must not be called to testify in any proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.
(2) A decision of the panel is not admissible as evidence in an action subsequently brought in a court of law.
History: En. Sec. 37, Ch. 262, L. 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 15. Provisional Remedies › Part 1. General Provisions › 27-15-101. When plaintiff may be required to elect among arrest, injunction, and attachment

27-15-101. When plaintiff may be required to elect among arrest, injunction, and attachment.
When an application for an order of arrest, injunction order, and writ of attachment or two of them is made in the same action against the same defendant and it satisfactorily appears that, under the particular circumstances of the case, two or all of them are not necessary for the plaintiff's security, the court or judge may, in the court's or judge's discretion, require the plaintiff to elect between them.
History: En. Sec. 980, C. Civ. Proc. 1895; re-en. Sec. 6708, Rev. C. 1907; re-en. Sec. 9311, R.C.M. 1921; re-en. Sec. 9311, R.C.M. 1935; R.C.M. 1947, 93-4601(part); amd. Sec. 630, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 15. Provisional Remedies › Part 1. General Provisions › 27-15-102. Availability of provisional remedies to defendant interposing counterclaim

27-15-102. Availability of provisional remedies to defendant interposing counterclaim.
Whenever the defendant interposes a counterclaim and demands an affirmative judgment against the plaintiff, the defendant's right to a provisional remedy is the same as it would be in an action brought by the defendant against the plaintiff for the cause of action stated in the counterclaim and demanding the same judgment. For the purpose of applying the provisions of Title 25, chapter 8, and Title 27, chapters 15 through 20, to a case involving a counterclaim, the defendant is considered the plaintiff, the plaintiff is considered the defendant, and the counterclaim set forth in the answer is considered the complaint.
History: En. Sec. 981, C. Civ. Proc. 1895; re-en. Sec. 6709, Rev. C. 1907; re-en. Sec. 9312, R.C.M. 1921; re-en. Sec. 9312, R.C.M. 1935; R.C.M. 1947, 93-4602; amd. Sec. 36, Ch. 12, L. 1979; amd. Sec. 631, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 15. Provisional Remedies › Part 1. General Provisions › 27-15-103. Time limit on decisions regarding arrest, injunction, or attachment

27-15-103. Time limit on decisions regarding arrest, injunction, or attachment.
Where an application is made to obtain, vacate, modify, or set aside an order of arrest, injunction order, or writ of attachment, the court or judge must finally decide the same within 20 days after it is submitted for decision.
History: En. Sec. 980, C. Civ. Proc. 1895; re-en. Sec. 6708, Rev. C. 1907; re-en. Sec. 9311, R.C.M. 1921; re-en. Sec. 9311, R.C.M. 1935; R.C.M. 1947, 93-4601(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 1. General Provisions › 27-16-101. Exclusive procedure for prejudgment arrest in civil action

27-16-101. Exclusive procedure for prejudgment arrest in civil action.
No person may be arrested before judgment in a civil action except as prescribed by this chapter.
History: En. Sec. 72, p. 148, L. 1867; re-en. Sec. 80, p. 44, Cod. Stat. 1871; re-en. Sec. 118, p. 68, L. 1877; re-en. Sec. 118, 1st Div. Rev. Stat. 1879; re-en. Sec. 120, 1st Div. Comp. Stat. 1887; re-en. Sec. 800, C. Civ. Proc. 1895; re-en. Sec. 6595, Rev. C. 1907; re-en. Sec. 9193, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 478; re-en. Sec. 9193, R.C.M. 1935; R.C.M. 1947, 93-4001; amd. Sec. 37, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 1. General Provisions › 27-16-102. When defendant may be arrested

27-16-102. When defendant may be arrested.
The defendant may be arrested in the following cases:
(1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud the defendant's creditors;
(2) in an action for willful injury to person or character or to property that the defendant knew belonged to another;
(3) in an action:
(a) for a fine or penalty or for money or property fraudulently misapplied or converted to the defendant's own use by a public officer, an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of employment, or by any other person in a fiduciary capacity;
(b) for misconduct or neglect in office or in a professional employment; or
(c) for a willful violation of duty;
(4) in an action to recover possession of personal property unjustly obtained, when the property or any part thereof has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff;
(5) when the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought;
(6) when the defendant has removed or disposed of the defendant's property or is about to do so with intent to defraud the defendant's creditors.
History: En. Sec. 73, p. 148, L. 1867; re-en. Sec. 81, p. 44, Cod. Stat. 1871; re-en. Sec. 119, p. 68, L. 1877; re-en. Sec. 119, 1st Div. Rev. Stat. 1879; re-en. Sec. 121, 1st Div. Comp. Stat. 1887; re-en. Sec. 801, C. Civ. Proc. 1895; re-en. Sec. 6596, Rev. C. 1907; re-en. Sec. 9194, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 479; re-en. Sec. 9194, R.C.M. 1935; amd. Sec. 69, Ch. 359, L. 1977; R.C.M. 1947, 93-4002; amd. Sec. 38, Ch. 12, L. 1979; amd. Sec. 632, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-201. Order from judge required

27-16-201. Order from judge required.
An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought.
History: En. Sec. 74, p. 148, L. 1867; re-en. Sec. 82, p. 44, Cod. Stat. 1871; re-en. Sec. 120, p. 68, L. 1877; re-en. Sec. 120, 1st Div. Rev. Stat. 1879; re-en. Sec. 122, 1st Div. Comp. Stat. 1887; re-en. Sec. 802, C. Civ. Proc. 1895; re-en. Sec. 6597, Rev. C. 1907; re-en. Sec. 9195, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 480; re-en. Sec. 9195, R.C.M. 1935; R.C.M. 1947, 93-4003.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-202. Time for making order

27-16-202. Time for making order.
The order may be made at the time of issuing the summons or at any time afterwards before judgment.
History: En. Sec. 77, p. 148, L. 1867; re-en. Sec. 85, p. 44, Cod. Stat. 1871; re-en. Sec. 123, p. 69, L. 1877; re-en. Sec. 123, 1st Div. Rev. Stat. 1879; re-en. Sec. 125, 1st Div. Comp. Stat. 1887; re-en. Sec. 805, C. Civ. Proc. 1895; re-en. Sec. 6600, Rev. C. 1907; re-en. Sec. 9198, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 483; re-en. Sec. 9198, R.C.M. 1935; R.C.M. 1947, 93-4006(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-203. When order must be made

27-16-203. When order must be made.
The order must be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists and that the case is one of those mentioned in 27-16-102.
History: En. Secs. 75, 76, p. 148, L. 1867; re-en. Sec. 83, p. 44, Cod. Stat. 1871; re-en. Sec. 121, p. 69, L. 1877; re-en. Sec. 121, 1st Div. Rev. Stat. 1879; re-en. Sec. 123, 1st Div. Comp. Stat. 1887; amd. Sec. 803, C. Civ. Proc. 1895; re-en. Sec. 6598, Rev. C. 1907; re-en. Sec. 9196, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 481, 482; re-en. Sec. 9196, R.C.M. 1935; R.C.M. 1947, 93-4004(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-204. Plaintiff's undertaking

27-16-204. Plaintiff's undertaking.
Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with at least two sufficient sureties, to the effect that, if the defendant recovers judgment or if the court finally decides that the plaintiff was not entitled to an order of arrest, the plaintiff will pay all costs and charges that may be awarded to the defendant and all damages that the defendant may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking, which must be at least $500.
History: En. Secs. 75, 76, p. 148, L. 1867; re-en. Sec. 83, p. 44, Cod. Stat. 1871; re-en. Sec. 121, p. 69, L. 1877; re-en. Sec. 121, 1st Div. Rev. Stat. 1879; re-en. Sec. 123, 1st Div. Comp. Stat. 1887; amd. Sec. 803, C. Civ. Proc. 1895; re-en. Sec. 6598, Rev. C. 1907; re-en. Sec. 9196, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 481, 482; re-en. Sec. 9196, R.C.M. 1935; R.C.M. 1947, 93-4004(part); amd. Sec. 633, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-205. Affidavits of sureties -- filing of undertaking

27-16-205. Affidavits of sureties -- filing of undertaking.
Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the state and worth double the sum specified in the undertaking, over and above all the surety's debts and liabilities, exclusive of property exempt from execution. The undertaking must be filed with the clerk of the court.
History: En. Sec. 76, p. 148, L. 1867; re-en. Sec. 84, p. 44, Cod. Stat. 1871; re-en. Sec. 122, p. 69, L. 1877; re-en. Sec. 122, 1st Div. Rev. Stat. 1879; re-en. Sec. 124, 1st Div. Comp. Stat. 1887; re-en. Sec. 804, C. Civ. Proc. 1895; re-en. Sec. 6599, Rev. C. 1907; re-en. Sec. 9197, R.C.M. 1921; re-en. Sec. 9197, R.C.M. 1935; R.C.M. 1947, 93-4005; amd. Sec. 634, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-206. Directions to sheriff in order

27-16-206. Directions to sheriff in order.
The order must require the sheriff of the county where the defendant may be found to arrest the defendant and hold the defendant to bail in a specified sum and to return the order at a time specified in the order to the clerk of the court in which the action is pending.
History: En. Sec. 77, p. 148, L. 1867; re-en. Sec. 85, p. 44, Cod. Stat. 1871; re-en. Sec. 123, p. 69, L. 1877; re-en. Sec. 123, 1st Div. Rev. Stat. 1879; re-en. Sec. 125, 1st Div. Comp. Stat. 1887; re-en. Sec. 805, C. Civ. Proc. 1895; re-en. Sec. 6600, Rev. C. 1907; re-en. Sec. 9198, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 483; re-en. Sec. 9198, R.C.M. 1935; R.C.M. 1947, 93-4006(part); amd. Sec. 635, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-207. Service of order and affidavit

27-16-207. Service of order and affidavit.
The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff who, upon arresting the defendant, shall deliver the defendant a copy of the affidavit and also, if the defendant desires, a copy of the order of arrest.
History: En. Sec. 78, p. 149, L. 1867; re-en. Sec. 86, p. 45, Cod. Stat. 1871; re-en. Sec. 124, p. 69, L. 1877; re-en. Sec. 124, 1st Div. Rev. Stat. 1879; re-en. Sec. 126, 1st Div. Comp. Stat. 1887; re-en. Sec. 806, C. Civ. Proc. 1895; re-en. Sec. 6601, Rev. C. 1907; re-en. Sec. 9199, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 484; re-en. Sec. 9199, R.C.M. 1935; R.C.M. 1947, 93-4007; amd. Sec. 636, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-208. Execution of order -- prepayment of expense by plaintiff

27-16-208. Execution of order -- prepayment of expense by plaintiff.
The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. However, the sheriff is not bound to keep the defendant under arrest more than 24 hours unless the plaintiff advances each day the expense of keeping the defendant. The expenses must be taxed as costs in the action and may not be a charge against the county.
History: En. Sec. 79, p. 149, L. 1867; en. Sec. 87, p. 45, Cod. Stat. 1871; re-en. Sec. 125, p. 69, L. 1877; re-en. Sec. 125, 1st Div. Rev. Stat. 1879; re-en. Sec. 127, 1st Div. Comp. Stat. 1887; re-en. Sec. 807, C. Civ. Proc. 1895; re-en. Sec. 6602, Rev. C. 1907; re-en. Sec. 9200, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 485; re-en. Sec. 9200, R.C.M. 1935; R.C.M. 1947, 93-4008; amd. Sec. 637, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-209. Liability of sheriff for escape or rescue

27-16-209. Liability of sheriff for escape or rescue.
If after being arrested the defendant escapes or is rescued, the sheriff is liable as bail, but the sheriff may be discharged from liability by the giving justification of bail at any time before judgment.
History: En. Sec. 95, p. 151, L. 1867; re-en. Sec. 103, p. 48, Cod. Stat. 1871; re-en. Sec. 141, p. 73, L. 1877; re-en. Sec. 141, 1st Div. Rev. Stat. 1879; re-en. Sec. 143, 1st Div. Comp. Stat. 1887; re-en. Sec. 823, C. Civ. Proc. 1895; re-en. Sec. 6618, Rev. C. 1907; re-en. Sec. 9216, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 501; re-en. Sec. 9216, R.C.M. 1935; R.C.M. 1947, 93-4024; amd. Sec. 638, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 2. Order for Arrest -- Execution › 27-16-210. Recovery on sheriff's official bond

27-16-210. Recovery on sheriff's official bond.
If a judgment is recovered against the sheriff upon the sheriff's liability as bail and an execution is returned unsatisfied in whole or in part, the same proceeding may be had on the sheriff's official bond for the recovery of the whole or any deficiency as in other cases of delinquency.
History: En. Sec. 96, p. 151, L. 1867; re-en. Sec. 104, p. 48, Cod. Stat. 1871; re-en. Sec. 142, p. 73, L. 1877; re-en. Sec. 142, 1st Div. Rev. Stat. 1879; re-en. Sec. 144, 1st Div. Comp. Stat. 1887; re-en. Sec. 824, C. Civ. Proc. 1895; re-en. Sec. 6619, Rev. C. 1907; re-en. Sec. 9217, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 502; re-en. Sec. 9217, R.C.M. 1935; R.C.M. 1947, 93-4025; amd. Sec. 639, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 3. Vacation of Order -- Reduction of Bail › 27-16-301. Proceedings to vacate order or reduce bail

27-16-301. Proceedings to vacate order or reduce bail.
A defendant arrested may, at any time before justification of bail, apply to the judge who made the order or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.
History: En. Sec. 97, p. 151, L. 1867; re-en. Sec. 105, p. 48, Cod. Stat. 1871; re-en. Sec. 143, p. 73, L. 1877; re-en. Sec. 143, 1st Div. Rev. Stat. 1879; re-en. Sec. 145, 1st Div. Comp. Stat. 1887; re-en. Sec. 825, C. Civ. Proc. 1895; re-en. Sec. 6620, Rev. C. 1907; re-en. Sec. 9218, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 503; re-en. Sec. 9218, R.C.M. 1935; R.C.M. 1947, 93-4026.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 3. Vacation of Order -- Reduction of Bail › 27-16-302. When order vacated or bail reduced

27-16-302. When order vacated or bail reduced.
If, upon such application, it satisfactorily appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it satisfactorily appears that the bail was fixed too high, the amount shall be reduced.
History: En. Sec. 98, p. 151, L. 1867; re-en. Sec. 106, p. 48, Cod. Stat. 1871; re-en. Sec. 144, p. 73, L. 1877; re-en. Sec. 144, 1st Div. Rev. Stat. 1879; re-en. Sec. 146, 1st Div. Comp. Stat. 1887; re-en. Sec. 826, C. Civ. Proc. 1895; re-en. Sec. 6621, Rev. C. 1907; re-en. Sec. 9219, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 504; re-en. Sec. 9219, R.C.M. 1935; R.C.M. 1947, 93-4027.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-401. Discharge of defendant upon giving bail before execution

27-16-401. Discharge of defendant upon giving bail before execution.
The defendant, at any time before execution, is discharged from arrest either upon giving bail or upon depositing the amount mentioned in the order, as provided in this chapter.
History: En. Sec. 80, p. 149, L. 1867; re-en. Sec. 88, p. 45, Cod. Stat. 1871; re-en. Sec. 126, p. 70, L. 1877; re-en. Sec. 126, 1st Div. Rev. Stat. 1879; re-en. Sec. 128, 1st Div. Comp. Stat. 1887; re-en. Sec. 808, C. Civ. Proc. 1895; re-en. Sec. 6603, Rev. C. 1907; re-en. Sec. 9201, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 486; re-en. Sec. 9201, R.C.M. 1935; R.C.M. 1947, 93-4009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-402. Form of undertaking for bail

27-16-402. Form of undertaking for bail.
The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant must at all times be amenable to the process of the court during the pendency of the action and to the orders that may be issued to enforce the judgment in the action or that they will pay to the plaintiff the amount of any judgment that may be recovered in the action.
History: En. Sec. 81, p. 149, L. 1867; re-en. Sec. 89, p. 45, Cod. Stat. 1871; re-en. Sec. 127, p. 70, L. 1877; re-en. Sec. 127, 1st Div. Rev. Stat. 1879; re-en. Sec. 129, 1st Div. Comp. Stat. 1887; re-en. Sec. 809, C. Civ. Proc. 1895; re-en. Sec. 6604, Rev. C. 1907; re-en. Sec. 9202, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 487; re-en. Sec. 9202, R.C.M. 1935; R.C.M. 1947, 93-4010; amd. Sec. 640, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-403. Qualifications of sureties

27-16-403. Qualifications of sureties.
The qualifications of bail must be as follows:
(1) Each of them must be a resident and householder or freeholder within the county.
(2) Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over and above all the bail's debts and liabilities, exclusive of property exempt from execution. However, the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail.
History: En. Sec. 88, p. 150, L. 1867; re-en. Sec. 96, p. 46, Cod. Stat. 1871; re-en. Sec. 134, p. 71, L. 1877; re-en. Sec. 134, 1st Div. Rev. Stat. 1879; re-en. Sec. 136, 1st Div. Comp. Stat. 1887; re-en. Sec. 816, C. Civ. Proc. 1895; re-en. Sec. 6611, Rev. C. 1907; re-en. Sec. 9209, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 494; re-en. Sec. 9209, R.C.M. 1935; R.C.M. 1947, 93-4017; amd. Sec. 641, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-404. Filing of order with return and undertaking -- plaintiff's notice of nonacceptance

27-16-404. Filing of order with return and undertaking -- plaintiff's notice of nonacceptance.
(1) Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the return endorsed on the order, together with a copy of the undertaking of the bail. The sheriff shall retain the original undertaking in the sheriff's possession until filed, as provided in this section.
(2) The plaintiff, within 10 days after filing, may serve upon the sheriff a notice that the plaintiff does not accept the bail, or the plaintiff is considered to have accepted the bail and the sheriff is exonerated from liability. If notice has not been served within 10 days, the original undertaking must be filed with the clerk of the court.
History: En. Sec. 86, p. 150, L. 1867; re-en. Sec. 94, p. 46, Cod. Stat. 1871; re-en. Sec. 132, p. 71, L. 1877; re-en. Sec. 132, 1st Div. Rev. Stat. 1879; re-en. Sec. 134, 1st Div. Comp. Stat. 1887; re-en. Sec. 814, C. Civ. Proc. 1895; re-en. Sec. 6609, Rev. C. 1907; re-en. Sec. 9207, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 492; re-en. Sec. 9207, R.C.M. 1935; R.C.M. 1947, 93-4015; amd. Sec. 642, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-405. Notice of justification of sureties -- new undertaking

27-16-405. Notice of justification of sureties -- new undertaking.
Within 5 days after receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff's attorney notice of the justification of the same or other bail, specifying the place of residence and occupation of the attorney, before a judge of the court or clerk of the court, at a specified time and place, not to be less than 5 or more than 10 days after the notice of the justification, except with consent of parties. If other bail is given, there must be a new undertaking.
History: En. Sec. 87, p. 150, L. 1867; re-en. Sec. 95, p. 46, Cod. Stat. 1871; re-en. Sec. 133, p. 71, L. 1877; re-en. Sec. 133, 1st Div. Rev. Stat. 1879; re-en. Sec. 135, 1st Div. Comp. Stat. 1887; re-en. Sec. 815, C. Civ. Proc. 1895; re-en. Sec. 6610, Rev. C. 1907; re-en. Sec. 9208, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 493; re-en. Sec. 9208, R.C.M. 1935; R.C.M. 1947, 93-4016; amd. Sec. 643, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-406. Procedure for justification

27-16-406. Procedure for justification.
For the purpose of justification, each of the bail shall attend before the judge or clerk at the time and place specified in the notice and may be examined on oath, on the part of the plaintiff, touching the bail's sufficiency, in a manner that the judge or clerk, in the judge's or clerk's discretion, may think proper. The examination must be reduced to writing and subscribed by the bail if required by the plaintiff.
History: En. Sec. 89, p. 150, L. 1867; re-en. Sec. 97, p. 47, Cod. Stat. 1871; re-en. Sec. 135, p. 72, L. 1877; re-en. Sec. 135, 1st Div. Rev. Stat. 1879; re-en. Sec. 137, 1st Div. Comp. Stat. 1887; re-en. Sec. 817, C. Civ. Proc. 1895; re-en. Sec. 6612, Rev. C. 1907; re-en. Sec. 9210, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 495; re-en. Sec. 9210, R.C.M. 1935; R.C.M. 1947, 93-4018; amd. Sec. 644, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 16. Arrest and Bail in Civil Actions › Part 4. Giving Bail › 27-16-407. Acceptance of sufficiency of sureties by judge or clerk

27-16-407. Acceptance of sufficiency of sureties by judge or clerk.
If the judge or clerk finds the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the allowance on the examination, and cause them to be filed, and the sheriff is then exonerated from liability.
History: En. Sec. 90, p. 150, L. 1867; re-en. Sec. 98, p. 47, Cod. Stat. 1871; re-en. Sec. 136, p. 72, L. 1877; re-en. Sec. 136, 1st Div. Rev. Stat. 1879; re-en. Sec. 138, 1st Div. Comp. Stat. 1887; re-en. Sec. 818, C. Civ. Proc. 1895; re-en. Sec. 6613, Rev. C. 1907; re-en. Sec. 9211, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 496; re-en. Sec. 9211, R.C.M. 1935; R.C.M. 1947, 93-4019; amd. Sec. 645, Ch. 56, L. 2009.