Title 43 — PROPERTY

A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§ 43-39-2 to 43-39-7 , inclusive. Source: CivC 1877, § 1033; CL 1887, § 3657; RCivC 1903, § 1352; RC 1919, § 969; SDC 1939, § 60.0101.

A depository for hire must use at least ordinary care for the preservation of the the thing deposited. Source: CivC 1877, § 1058; CL 1887, § 3682; RCivC 1903, § 1377; RC 1919, § 994; SDC 1939, § 60.0102 (17).

A gratuitous depository must use at least slight care for the preservation of the thing deposited. Source: CivC 1877, § 1055; CL 1887, § 3679; RCivC 1903, § 1374; RC 1919, § 991; SDC 1939, § 60.0102 (15).

A depository of living animals must provide them with suitable food and shelter and treat them kindly. Source: CivC 1877, § 1046; CL 1887, § 3670; RCivC 1903, § 1365; RC 1919, § 982; SDC 1939, § 60.0102 (8).

Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner's agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given th…

A depository may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity. Source: CivC 1877, § 104…

A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used. Source: CivC 1877, § 1048; CL 1887, § 3672; RCivC 1903, § 1367; RC 1919, § 984; SD…

If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. Source: CivC …

So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4 , inclusive. Source: CivC 1877, § 1051; CL 1887, § 3675; RCivC 1903, § 1370; RC 1919, § 987; SDC 1939, § 60.0102 (13).

The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Source: CivC 1877, § 1052; CL 1887, § 3676; RCivC 1903, § 1371; RC 1919, § 988; SDC 1939, § 60.0102 (14).

If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is …

A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository a…

A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving, the depository. Source: CivC 1877, § 1034; …

A depository must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited which may tend to excuse the depository from delivering the thing to him. Source: CivC 1877, § 1042; CL 1887, § 366…

A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. Source: CivC 1877, § 1040; CL 1887, § 3664; RCivC 1903, § 1359; RC 1919, § 976; SDC 1939, § 60.0102 (2).

A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or…

A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him. Source: CivC 1877, § 1041; CL 1887, § 3665; RCivC 1903, § 1360; RC 1919, § 977; SDC 1939, § 60.0102 (3).

If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depository may deliver to each his proper share thereof, if it can be done without injury to the thing. Source: CivC 1877, § 1044; CL 1887, § 3668; RCivC 1903, § 13…

The duties of a gratuitous depository cease: (1) Upon his restoring the thing deposited to its owner; or (2) Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depository under subdivision 43-39…

In the absence of a different agreement or usage, a depository 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 property during any fraction of a half month. S…

A depositor must indemnify the depository: (1) For all damage caused to him by the defects or vices of the thing deposited; and (2) For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. Source: CivC 1877, §…

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 depository upon reasonable notice. Source: CivC 1877, § 1060; CL 1887, § 3684; RCivC 1903, § 1379; RC 1919, § 996; SDC 1939…

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 depository in case of the deposit so continuing. Source: CivC 1877, § 1061; CL 1887, § 3685; RCivC 19…

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 th…

A deposit for keeping is one in which the depository is bound to return the identical thing deposited. Source: CivC 1877, § 1037; CL 1887, § 3661; RCivC 1903, § 1356; RC 1919, § 973; SDC 1939, § 60.0101 (3).

A deposit for exchange is one in which the depository is only bound to return a thing corresponding in kind to that which is deposited. Source: CivC 1877, § 1038; CL 1887, § 3662; RCivC 1903, § 1357; RC 1919, § 974; SDC 1939, § 60.0101 (4).

Gratuitous deposit is a deposit for which the depository receives no consideration beyond the mere possession of the thing deposited; an involuntary deposit is gratuitous, the depository being entitled to no reward. Source: CivC 1877, §§ 1053, 1054; CL 1887, §§ 3677, 3678; RCivC …

A deposit not gratuitous is called storage. The depository in such case is called a depository for hire. Source: CivC 1877, § 1057; CL 1887, § 3681; RCivC 1903, § 1376; RC 1919, § 993; SDC 1939, § 60.0101 (6).

Rights and duties of the depositor and depository are set forth in §§ 43-39-9 to 43-39-29 , inclusive. Source: SDC 1939, § 60.0102.

A deposit for exchange transfers to the depository the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely. Source: CivC 1877, § 1073; CL 1887, § 3697; RCivC 1903, § 1393; RC 1919, § 1016; SDC 1939, § 60.0102 (21).