Title 43, PROPERTY

A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Source: CivC 1877, § 642; CL 1887, § 3263; RCivC 1903, § 956; RC 1919, § 564; SDC 1939, § 51.1509.

A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. Source: CivC 1877, § 643; CL 1887, § 3264; RCivC 1903, § 957; RC 1919, § 565; SDC 1939, § 51.…

A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same ti…

A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. Source: CivC 1877, § 645; CL 1887, § 3266; RCivC 1903, § 959; RC 1919, § 567; SDC 1939, § 51.1511.

A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver. Source: CivC 1877, § 646; CL 1887, § 3267; RCivC 1903, § 960; RC 1919, § 568; SDC 1939, § 51.1512.

A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Money in specie may be loaned for use. Source: CivC 1877, §§ 1074,…

A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon. Source: CivC 1877, § 1090; CL 1887, § 3713; RCivC 1903, § 1409; RC 1919, § 1032; SDC 1939, § 38.0205.

The borrower of a thing for use, or for exchange, must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exone…

The lender of a thing for use or for exchange must indemnify the borrower for damages caused by defects or vices in it, which he knew at the time of lending and concealed from the borrower. Source: CivC 1877, §§ 1083, 1091; CL 1887, §§ 3707, 3714; RCivC 1903, §§ 1403, 1410; RC 19…

If a thing is lent for use or for exchange for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired or the purpose has been accomplished. In other cases it need not be returned until demanded. Source: CivC 1877, §§ 1085, 1…

The borrower of a thing for use or for exchange must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time. Source: CivC 1877, §§ 1085, 1086, 109…

If the borrower agrees to return at a future time a similar thing instead of the identical thing borrowed, the loan is a loan for exchange. Source: CivC 1877, § 1087; CL 1887, § 3710; RCivC 1903, § 1406; RC 1919, § 1029; SDC 1939, § 38.0201.

A loan which the lender permits the borrower at his option to treat as a loan for use or for exchange, is subject to all the provisions of this chapter relating to loans for exchange. Source: CivC 1877, § 1088; CL 1887, § 3711; RCivC 1903, § 1407; RC 1919, § 1030; SDC 1939, § 38.…

A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the lender. Source: CivC 1877, § 1075; CL 1887, § 3699; RCivC 1903, § 1395; RC 1919, § 1018; SDC 1939, § 38.0202.

The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending. Source: CivC 1877, § 1080; CL 1887, § 3704; RCivC 1903, § 1400; RC 1919, § 1023; SDC 1939, § 38.0207.

A borrower for use must use great care to preserve the thing lent in safety and good condition. If it is a living animal he must treat it kindly and provide all things necessary and suitable for it. He is bound to have and exercise such skill in the care of the thing lent as he c…

The borrower of a thing for use must not part with it to a third person without the consent of the lender. Source: CivC 1877, § 1081; CL 1887, § 3705; RCivC 1903, § 1401; RC 1919, § 1024; SDC 1939, § 38.0208.

The lender of a thing for use may require the return thereof at any time, even though he lent it for a specified time or purpose, unless on the faith of the loan agreement the borrower has made such arrangements that a return of the thing before the time agreed upon or before the…

A loan for exchange transfers title to the thing and the borrower is entitled to all its increase during the loan period. Source: CivC 1877, § 1089; CL 1887, § 3712; RCivC 1903, § 1408; RC 1919, § 1031; SDC 1939, § 38.0202.

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 …