25-14-312. Discharge upon failure of plaintiff to advance money for support of prisoner. Whenever a prisoner is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor or the creditor's agent or attorney shall advance to the jailer, on the commitment, sufficient money for the support of the prisoner for 1 week and shall make the same advance for every successive week of imprisonment, and in case of failure to do so, the jailer shall discharge the prisoner from custody, and the discharge has the same effect as if made by order of the creditor.
History: En. Sec. 2071, C. Civ. Proc. Sec. 1895; re-en. Sec. 7268, Rev. C. 1907; re-en. Sec. 9886, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1154; re-en. Sec. 9886, R.C.M. 1935; R.C.M. 1947, 93-9612; amd. Sec. 486, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 14. Proceedings in Aid of Execution
Part 3. Discharge of Imprisoned Judgment Debtor
25-14-301. Persons imprisoned to be discharged
25-14-302. Notice of application for discharge
25-14-304. Hearing on application
25-14-305. Interrogatories directed to prisoner by plaintiff
25-14-306. Prisoner to take oath
25-14-308. Reapplication for discharge
25-14-309. Effect of discharge
25-14-310. Judgment unaffected
25-14-311. Discharge at instance of plaintiff
25-14-312. Discharge upon failure of plaintiff to advance money for support of prisoner