Title 60 — Warehousing and Deposits
11 chapters · 59 sections in this title.
N.D.C.C. § 60-01-01 Deposit - Classification
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A deposit may be voluntary or involuntary and may be made for safekeeping or for exchange.
N.D.C.C. § 60-01-01.1 Definition
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For purposes of this title, "commissioner" means the agriculture commissioner.
N.D.C.C. § 60-01-02 Voluntary deposit - Depositor - Depositary - Definitions
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A voluntary deposit is one which is made by one person giving to another with that person's consent the possession of personal property to keep for the benefit of the former or of a third person. The person giving is called the depositor and the person receiving the depositary.
N.D.C.C. § 60-01-03 Involuntary deposits - Definition - Obligation of depositary
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An involuntary deposit is made: 1. By the accidental leaving or placing of personal property in the possession of any person without negligence on the part of its owner; or 2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the o…
N.D.C.C. § 60-01-04 Deposit for safekeeping - Definition
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A deposit for safekeeping is one in which the depositary is bound to return the identical thing deposited.
N.D.C.C. § 60-01-05 Deposit for exchange - Definition
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A deposit for exchange is one in which the depositary is bound only to return a thing corresponding in kind to that which is deposited.
N.D.C.C. § 60-01-06 Gratuitous deposit - Definition
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A gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
N.D.C.C. § 60-01-07 Involuntary deposit - Gratuitous
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An involuntary deposit is gratuitous, the depositary being entitled to no reward.
N.D.C.C. § 60-01-08 Care required by gratuitous depositary
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A gratuitous depositary must use at least slight care for the preservation of the thing deposited.
N.D.C.C. § 60-01-09 Duties of gratuitous depositary - Termination of duties
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The duties of a gratuitous depositary cease: 1. Upon the depositary restoring the thing deposited to its owner; or 2. Upon the depositary giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. An involuntary depositary under su…
N.D.C.C. § 60-01-10 Storage - Definition - Depositary for hire - Definition
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Storage shall mean a deposit which is not gratuitous. The depositary in such case shall be called a depositary for hire.
N.D.C.C. § 60-01-11 Depositary for hire must use ordinary care
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A depositary for hire must use at least ordinary care for the preservation of the thing deposited.
N.D.C.C. § 60-01-12 Depositary for hire - Right to compensation
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In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week and to half a month's hire for the storage of any other property during any fraction of a half mon…
N.D.C.C. § 60-01-13 Delivery on demand - Exceptions
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A depositary, on demand, must deliver the thing to the person for whose benefit it was deposited, whether the deposit was made for a specified time or not, unless the depositary has a lien upon the thing deposited or has been forbidden or prevented from doing so by the real owner…
N.D.C.C. § 60-01-14 Demand - Prerequisite to delivery
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A depositary is not bound to deliver a thing deposited without demand even when the deposit is made for a specified time.
N.D.C.C. § 60-01-15 Place of delivery
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A depositary must deliver the thing deposited at the depositary's residence or place of business as may be most convenient for the depositary.
N.D.C.C. § 60-01-16 Prompt notice of adverse claims - Given by depositary
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A depositary must give prompt notice, to the person for whose benefit the deposit was made, of any proceedings taken adversely to the person's interest in the thing deposited which may tend to excuse the depositary from delivering the same to the person.
N.D.C.C. § 60-01-17 Notice of wrongful detention
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A depositary who believes that a thing deposited with the depositary is detained wrongfully from its true owner may give the true owner notice of the deposit. If within a reasonable time afterward the true owner does not claim it and sufficiently establish the true owner's right …
N.D.C.C. § 60-01-18 Delivery to disagreeing owners by depositary
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If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each the person's proper share thereof, if it can be done without injury to the thing.
N.D.C.C. § 60-01-19 Indemnity to depositary for damages
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A depositor must indemnify the depositary: 1. For all damage caused to the depositary by the defects or vices of the thing deposited. 2. For all expenses necessarily incurred by the depositary about the thing other than such as are involved in the nature of the undertaking.
N.D.C.C. § 60-01-20 Care of animals by depositary
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A depositary of living animals must provide them with suitable food and shelter and must treat them kindly.
N.D.C.C. § 60-01-21 Deposit - Permission to use
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A depositary may not use the thing deposited nor permit it to be used for any purpose without the consent of the depositor. The depositary may not open it, if it purposely is fastened by the depositor, without the consent of the latter except in case of necessity.
N.D.C.C. § 60-01-22 Damages for wrongful use of deposit
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If a thing deposited with a depositary is damaged by the wrongful use thereof by the depositary, the depositary is liable for such damage unless such damage inevitably must have happened though the property had not been used in that manner.
N.D.C.C. § 60-01-23 Sale of deposit by depositary - When permissible
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If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of these proceedings to the depositor.
N.D.C.C. § 60-01-24 Presumption of willfulness or gross negligence
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If a thing is lost or injured during its deposit and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred so far as the depositary has information concerning them, or if the depositary willfully misrepresents the circumstance…
N.D.C.C. § 60-01-25 Measure of liability of depositary for negligence
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The liability of a depositary for negligence cannot exceed the amount which the depositor informs the depositary, or which the depositary has reason to suppose, the thing deposited is worth.
N.D.C.C. § 60-01-26 When deposit may be terminated
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In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time and by the depositary upon reasonable notice.
N.D.C.C. § 60-01-27 Termination of deposit by payment for full time
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Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case the deposit continued for such length of time.
N.D.C.C. § 60-01-28 Sale of unclaimed and perishable property
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The provisions of sections 8-03-09 and 8-03-10 relating to the sale of unclaimed and perishable property shall apply to hotelkeepers and warehousemen.
N.D.C.C. § 60-01-29 Hotelkeeper's liability for loss or injury to guest's property
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No hotelkeeper who constantly has in the hotelkeeper's inn or hotel a metal safe or suitable vault in good order and fit for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets,…
N.D.C.C. § 60-01-30 Special arrangement between hotelkeeper and guest
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A hotelkeeper by a special arrangement with a guest may receive for deposit in a safe or vault of the character mentioned in section 60-01-29 any property upon such terms as such keeper and guest may agree to in writing, but every hotelkeeper shall be liable for any loss of the a…
N.D.C.C. § 60-01-31 Duties of guest and hotelkeeper
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Every guest, and everyone intending to be a guest, of any hotel, upon delivering any of the person's baggage or other article of property to the proprietor of the hotel, or to the proprietor's servants, for safekeeping elsewhere than in the room assigned to the guest, shall deman…
N.D.C.C. § 60-01-32 Character of liability - Limitations
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The liability of the keeper of a hotel for the loss of or injury to personal property placed by hotel guests under the keeper's care, other than that described in sections 60-01-29 through 60-01-31, shall be that of a depositary for hire. Such liability, in no case, shall exceed …
N.D.C.C. § 60-01-33 Baggage left at hotel or forwarded to hotel - Liability of hotelkeeper
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Whenever a person allows the person's baggage or property to remain in a hotel after leaving the hotel as a guest, and after the relation of hotelkeeper and guest has ceased, or whenever a person forwards the person's baggage to a hotel before becoming a guest thereof, and the sa…
N.D.C.C. § 60-01-34 Finder - Depositary for hire - Assumption of ownership by finder
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One who finds a thing lost is not bound to take charge of it but, if the person does so, the person is thenceforward a depositary for the owner with the rights and obligations of a depositary for hire. Notwithstanding chapters 36-22 and 47-30.2 or any other provision of law, an i…
N.D.C.C. § 60-01-35 Finder must notify owner
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If the finder of a thing knows or suspects who is the owner, the finder must give such owner notice of the finding with reasonable diligence. If the finder fails to do so, the finder is liable in damages to the owner and has no claim to any reward offered by the owner for the rec…
N.D.C.C. § 60-01-36 Finder may require proof of ownership
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The finder of a thing, before giving it up, may require in good faith, reasonable proof of ownership from any person claiming it.
N.D.C.C. § 60-01-37 Compensation and reward to finder
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The finder of a thing is entitled to compensation for all expenses necessarily incurred by the finder in its preservation and for any other services necessarily performed by the finder about it and to a reasonable reward for keeping it.
N.D.C.C. § 60-01-38 Storing releases finder from liability
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The finder of a thing may exonerate the finder from liability at any time by placing it on storage with any responsible person of good character at a reasonable expense.
N.D.C.C. § 60-01-39 When finder may sell
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The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner, with reasonable diligence, cannot be found, or, being found, refuses upon demand to pay the lawful charges of the finder in the following cases: 1. When the thing is in dang…
N.D.C.C. § 60-01-40 Manner of sale
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A sale under the provisions of section 60-01-39 must be made as the sale of a thing pledged is made.
N.D.C.C. § 60-01-41 Claim against owner exonerated by surrender to finder
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The owner of a thing found may exonerate the owner from the claims of the finder by surrendering it to the finder in satisfaction thereof.
N.D.C.C. § 60-01-42 Things abandoned by owner
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The provisions of this chapter have no application to things which intentionally have been abandoned by their owner.
N.D.C.C. § 60-01-43 Deposit for exchange - Transfer of title
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A deposit for exchange transfers to the depositary the title to the thing deposited and merely creates between the depositary and the depositor the relation of debtor and creditor.