Title 1, Title 1

Statutes are public or private. A private statute is one which concerns only certain designated individuals and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.

Unwritten law is the law that is not promulgated and recorded, as mentioned in 1-1-104, but that is, nevertheless, observed and administered in the courts of the country. It has no certain repository but is collected from the reports of the decisions of the courts and treatises o…

In this state there is no common law in any case where the law is declared by statute. But where not so declared, if the same is applicable and of a general nature and not in conflict with the statutes, the common law shall be the law and rule of decision.

The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States or the constitution or laws of this state, is the rule of decision in all the courts of this state.

The precedential value of a court decision interpreting a statute yields to subsequent legislative action on the interpreted statutory provisions.

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Deposition" means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-ex…

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Affidavit" means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provide…

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. (2)…

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Personal property" means money, goods, chattels, things in action, and evidences of debt. (2) "Pledge", "mortgage", "conditional sale", "lien", "assignment", and like terms,…

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Customary" means according to usage. (2) "Third persons" means all persons who are not parties to the obligation or transaction concerning which the phrase is used. (3) "Usa…

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) "Bribe" means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted …

(1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (a) "Majority leader" means the leader of the majority party, elected by the caucus as provided in 5-2-221. (b) "Majority party" means the party with the most members in a ho…

(1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (a) "Father" means a male parent. (b) "Female" means, when used to refer to a natural person, an individual who naturally has, had, will have, or would have, but for a congen…

Every person has, in law, a residence. In determining the place of residence, the following rules are to be observed: (1) It is the place where a person remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of…

(1) The following are legal holidays in the state of Montana: (a) each Sunday; (b) New Year's Day, January 1; (c) Martin Luther King Jr. Day, the third Monday in January; (d) Presidents' Day, the third Monday in February; (e) Memorial Day, the last Monday in May; (f) Independence…

(1) Notice is: (a) actual whenever it consists of express information of a fact; (b) constructive whenever it is imputed by law. (2) Each person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice …

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority.

(1) Unless the context requires otherwise, in this code "affinity" means the relation that one spouse has, by virtue of the marriage, to blood relatives of the other. Therefore, a person has the same relation by affinity to that person's spouse's blood relatives as that person's …

The week beginning the first Monday in March is an official week of observance to commemorate Montana's valued heritage of the right of each person to keep and bear arms in the defense of the person's home, person, or property or in aid of civil power. During this week, all Monta…

(1) To increase public awareness of the vital importance of conserving and propagating trees and forests to the everyday life of Montana citizens, the last Friday in April is designated Arbor Day and an official day of observance. On this day, there may be special observances and…

The week beginning the third Monday in September is an official week of observance in Montana to commemorate this state's valued heritage of hunting game animals. During this week, all Montanans are urged to: (1) reflect on hunting as an expression of our culture and heritage; (2…

There is established a bill of rights day for the state of Montana. The bill of rights day is December 15 of each year to commemorate the day in 1791 in which three-fourths of the states ratified the bill of rights as part of the U.S. constitution.

There is established an American Indian heritage day for the state of Montana. American Indian heritage day is the last Friday in September of each year and is recognized as a day of observance to commemorate this state's American Indians and their valued heritage and culture. On…

(1) To increase public awareness and promote teen driver safety, the third Tuesday in October is designated as teen driver safety day and is an official day of observance. (2) All Montanans are encouraged to participate in special observances and exercises throughout the state on…

There is established a welcome home Vietnam veterans day for the state of Montana. The welcome home Vietnam veterans day is March 30 of each year and commemorates the day in 1973 when all combat units and combat support units arrived home from the former South Vietnam.

The third Saturday in June is designated as Juneteenth national freedom day to commemorate African-American emancipation from slavery, to celebrate the freedom won by people in many countries, and to rededicate ourselves to the cause of liberty.

(1) The day in October designated as national prescription drug take-back day is designated as Montana prescription drug take-back day in order to provide an annual day for citizens to properly dispose of unused and unneeded prescription drugs, to raise awareness about the conseq…

There is established a mining day for the state of Montana. The Montana mining day is February 9 of each year to commemorate when the territorial government adopted the state motto.

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated: (1) A "day" is the period of time between any midnight and the midnight following. (2) "Daytime" is the period of time between sunrise and sunset, and "nighttime" is the period o…

Time is computed according to the Gregorian or new style, and January 1 in every year passed since 1752 or to come must be reckoned as the first day of the year.

Except the year 1900, every fourth year which, by usage in this state, is considered a leap year is a leap year consisting of 366 days.

Fractions of a year are computed by the number of months; thus, half a year is 6 months.

Fractions of a day are disregarded in computations which include more than 1 day and involve no questions of priority.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last day is a holiday, and then it is also excluded.

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday or a Saturday, such act may be performed upon the next business day with the same effect as if it h…

The people, as a political body, consist of: (1) electors; (2) citizens not electors.

The citizens of the state are: (1) all persons born in this state and residing within it, except the children of transient aliens; (2) all persons born out of this state who are citizens of the United States and residing within this state.

Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.

Allegiance may be renounced by a change of residence.

Persons in this state not its citizens are either: (1) citizens of other states; or (2) aliens.

(1) To the extent allowed by federal law and the Montana constitution and except as provided in 44-4-1502, a state agency may not provide a state service to an illegal alien and shall comply with the requirements of this section. (2) To determine whether an applicant for a state …

The great seal of the state is as follows: a central group representing a plow and a miner's pick and shovel; upon the right, a representation of the Great Falls of the Missouri River; upon the left, mountain scenery; and underneath, the words "Oro y Plata". The seal must be 2 1/…

There is hereby established a state flag of Montana. The state flag of Montana shall be a flag having a blue field with a representation of the great seal of the state in the center and with golden fringe along the upper and lower borders of the flag; the same being the flag born…

The flower known as Lewisia rediviva (bitterroot) shall be the floral emblem of the state of Montana.

The bird known as the western meadowlark, Sturnella neglecta (Audubon), as preferred by a referendum vote of Montana school children, shall be designated and declared to be the official bird of the state of Montana.