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.
Structure 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
27-16-202. Time for making order
27-16-203. When order must be made
27-16-204. Plaintiff's undertaking
27-16-205. Affidavits of sureties -- filing of undertaking
27-16-206. Directions to sheriff in order
27-16-207. Service of order and affidavit
27-16-208. Execution of order -- prepayment of expense by plaintiff