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.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 16. Arrest and Bail in Civil Actions
27-16-401. Discharge of defendant upon giving bail before execution
27-16-402. Form of undertaking for bail
27-16-403. Qualifications of sureties
27-16-404. Filing of order with return and undertaking -- plaintiff's notice of nonacceptance
27-16-405. Notice of justification of sureties -- new undertaking
27-16-406. Procedure for justification
27-16-407. Acceptance of sufficiency of sureties by judge or clerk