Montana Code 27-16-403. Qualifications of sureties
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27-16-403. Qualifications of sureties. The qualifications of bail must be as follows:
Terms Used In Montana Code 27-16-403
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Property: means real and personal property. See Montana Code 1-1-205
(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.